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TERMS OF SERVICE / USE AGREEMENT
DARKBORDERS.COM
Prior to accessing or viewing DarkBorders the terms and conditions of this Agreement must be read and agreed upon. The Terms of Service / Use Agreement (“TOS” or “Agreement”) herein is intended to enhance the use of DarkBorders by preventing unacceptable use and establishing set guidelines for said use to protect DarkBorders, and the all users of DarkBorders. All users of DarkBorders, including, but not limited to, those who access parts of the website but do not have accounts (“Guests”) and those who pay a monthly, annual or lifetime membership fee to subscribe (hereafter referred to as “Members”), must comply with this Agreement.
DarkBorders supports the free flow of information and ideas over the Internet and will only actively monitor the use of the website under special circumstance, which will be determined at the sole discretion of DarkBorders. Similarly, DarkBorders does not exercise editorial control over the content nor do the afore mentioned entities accept responsibility for any content located within member’s profiles, photo galleries, electronic mail transmissions or forum postings, all of which are created or accessible through the DarkBorders. However, DarkBorders may remove any materials that, in its sole discretion, may be illegal, may subject the DarkBorders to liability, or which may violate the TOS embodied herein. Furthermore, DarkBorders may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Any violation of this TOS may result in the suspension or termination of any applicable parties’ DarkBorders account or other actions as detailed below. Furthermore, DarkBorders reserves the right to change or modify this Agreement at any time and at its sole discretion without consent or notification to DarkBorders members. Changes, alterations, modifications, and amendments to this Agreement are effective immediately upon posting. Knowledge of and adherence to this Agreement is the sole responsibility of all DarkBorders users. Thus, it is recommended that all users refer back to this page frequently to verify the terms and conditions under which they are governed.

ARTICLE I. - DESCRIPTION OF SERVICE

DarkBorders is a web-based service that allows its users to upload and edit content. DarkBorders may be used through a web browser. Once registered with DarkBorders, each user receives his/her own profile to post text, data, messages, or other information concerning or linked to software, music, sound, photography, graphics, and video notwithstanding personally inputted text (collectively referred to as “Content”). This Content may reside on DarkBorders servers or on the servers of a third party. DarkBorders accept NO liability for the Content retained on third party servers. Furthermore, DarkBorders operates in full-compliance with the Children’s Online Privacy Protection Act of 1998. All members acknowledge that in the sole judgment DarkBorders any violations of TOS contained herein or Content which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of DarkBorders and/or its members will justify disciplinary actions by DarkBorders.

ARTICLE II. - ACCOUNT SIGNUP ELIGIBILITY

By using and/or viewing this Website you represent and warrant under penalty of perjury the following stipulations:
1. That you are an adult, at least 18 years of age (21 years of age where required).
2. That during registration, you will provide accurate, complete and current information about yourself in all required fields. Additionally, should any of the information change after submitting the information to DarkBorders you will update that information as soon as possible.
3. That you acknowledge that DarkBorders may establish limits concerning use of DarkBorders and may modify these limits at any time.
4. That you will not permit any person(s) under 18 years of age (21 years of age where required) to have access to any of the materials contained within this Website.
5. That you represent and warrant that you have not and will not use and/or view the website(s) in a restricted location – namely a place, country, or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom. It is NOT the responsibility of DarkBorders, to be advised of applicable local, state and federal laws, statutes, regulations, rules, ordinances, edicts or customs under which every member may fall. This responsibility lies solely with the individual whom is enjoined and participating on this website. Commercially available parental control protections (such as computer hardware, software, or filtering services) may assist in limiting access to material that is harmful to minors. To learn more about these protections, information is available at cybersitter.com, netnanny.com, watchdog.com or other analogous websites providing information on such protections. (The preceding site addresses are for information purposes only and is not intended as an endorsement of these entities, their services, or policies. DarkBorders is not affiliated with the aforementioned websites or their associated organizations.)

ARTICLE III. - RULES OF CONDUCT

The following Sections constitute violations of this TOS and as such may constitute disciplinary actions by DarkBorders. The appropriate disciplinary action remains at the sole discretion of DarkBorders.
SECTION 3.1 - ILLEGAL USE
Using DarkBorders or any of its features to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, federal or international law, or any rules, regulations, ordinances, edicts or customs promulgated thereunder.
SECTION 3.2 - HARM TO MINORS
Using DarkBorders to harm, or attempt to harm, minors in any way.
SECTION 3.3 - THREATS
Using DarkBorders to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages real bodily harm or destruction of property.
SECTION 3.4 - HARASSMENT
Using DarkBorders to transmit any material (by email, uploading, posting, or otherwise) that harasses or causes emotional distress to another.
SECTION 3.5 - FRAUDULENT ACTIVITY
Using DarkBorders to make unauthorized or fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as “pyramid schemes,” “Ponzi schemes,” and “chain letters.”
SECTION 3.6 - FORGERY OR IMPERSONATION
Adding, removing or modifying identifying DarkBorders header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous nicknames does not constitute impersonation.
SECTION 3.7 - UNSOLICITED COMMERCIAL EMAIL / UNSOLICITED BULK EMAIL
DarkBorders is for the personal use of individual members and viewers only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members of this site and shall not use the DarkBorders for any purpose.]
Using DarkBorders to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature, are prohibited.
SECTION 3.8 - UNAUTHORIZED ACCESS
Using DarkBorders to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of DarkBorders or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
SECTION 3.9 - COPYRIGHT OR TRADEMARK INFRINGEMENT
DarkBorders owns and retains other proprietary rights for DarkBorders. DarkBorders contains copyrighted material, trademarks, and other proprietary information. Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.] Using DarkBorders to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
SECTION 3.10 - COLLECTION OF PERSONAL DATA
Using DarkBorders to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
SECTION 3.11 - WEBSITE DISRUPTIONS AND UNFRIENDLY ACTIVITY
Using the Website for any activity which adversely affects the ability of other people to use or access DarkBorders or the Internet. Interference with or disruption of other DarkBorders users is prohibited. Any unreasonable or unethical conduct by members and/or guests.
SECTION 3.12 - PUBLIC POSTING
Any postings which is deemed inappropriate due to the nature, content, or any other reasons which remain at the sole discretion of DarkBorders.
SECTION 3.13 - FRAUDULENT INFORMATION
Suspicion that the personal information which has been provided either during registration or at any later time is not complete, current, or accurate.

ARTICLE IV. - MISCELLANEOUS ACKNOWLEDGMENTS

SECTION 4.1 - ADVERTISEMENTS AND PROMOTIONS:
By using DarkBorders, you agree that DarkBorders has the right to run advertisements and promotions as it sees fit. It is agreed that DarkBorders shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on DarkBorders. Furthermore, you agree that DarkBorders is not responsible for any advertised or promoted products. The product quality and/or possible incurred damages are the sole liability of the third party vendors represented on this site and not of DarkBorders.
SECTION 4.2 - FEE/TERMINATION
DarkBorders usage and/or subscription fees were provided to you upon registration and may change from time to time without notice. DarkBorders reserves the right to terminate, modify or discontinue, temporarily or permanently, your access to the site for any reason or no reason, with or without notice, at any time. You will not be entitled to any refund of any unused subscription fees. You agree that DarkBorders shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service. Even after this Agreement is terminated, certain provisions will remain in effect including Article IV, Section 4 and 8, inclusive, of this Agreement.
In the event your account(s) are terminated, prior notification to you is not required. In some cases, law enforcement will be contacted regarding the activity. These rights of action, however, do not obligate DarkBorders to monitor or exert editorial control over the information made available for distribution via DarkBorders. If DarkBorders takes corrective action because of a possible violation, DarkBorders will not refund to you any fees you paid in advance of the corrective action.
Violators of the TOS herein are responsible, without limitations, for the cost of labor to clean up and correct any damage done to the operation of the website, server, and business operations that surround DarkBorders. Such labor is categorized as emergency security breach recovery and is currently charged at $150 USD per hour required. Inquiries regarding security matters may be directed to onyx@darkborders.com.
SECTION 4.3 - RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of DarkBorders or use thereof.
SECTION 4.4 - INDEMNITY CLAUSES
1. DarkBorders claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content provided by third parties and members and nothing in this Agreement is intended to waive, remove, or usurp such immunity. DarkBorders may delete any content, messages, photos or profiles (collectively, “Content”) that in the sole judgment DarkBorders violates the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of DarkBorders and/or its members.
2. Members are solely responsible for the content that is published or displayed (hereinafter, “Post”) on DarkBorders, or transmit to other DarkBorders members.
3. By posting content to any public area of DarkBorders, you automatically grant, and you represent and warrant that you have the right to grant, to DarkBorders, and its members, an irrevocable, perpetual, nonexclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity, and content and to prepare derivative works of, or incorporate into other works and other media, such information and content, and to grant and authorize sublicenses of the foregoing. For privacy terms, please refer to our Privacy Policy.
4. DarkBorders or DarkBorders will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the site or service and terminating the membership of such violators. The following is a partial list of the kind of content that is illegal or prohibited on the site - it includes content that: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of “junk mail”, “chain letters,” or unsolicited commercial e-mail or “spamming”; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material that is commercial in nature; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides content that involves cursing, swearing, falsifying gender, violence, necrophilia, impersonating another member, threat of suicide or harm to oneself or others; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; sending advertisements in chat or instant messaging messages; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
5. You must use DarkBorders in a manner consistent with any and all applicable laws and regulations.
6. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the DarkBorders site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to DarkBorders by our users or third parties.
7. You may not engage in advertising to, or solicitation of, other members to buy or sell any products or services through DarkBorders, unless so authorized by DarkBorders. You will not transmit any chain letters or junk email to other DarkBorders members. Although DarkBorders cannot monitor the conduct of its members off the DarkBorders site, it is also a violation of these rules to use any information obtained from the service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent.
8. You agree to indemnify and hold DarkBorders, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the service in violation of this Agreement and/or arising from a breach of this TOS and/or any breach of your representations and warranties set forth herein.
9. Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will DarkBorders. be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the site or DarkBorders, even DarkBorders has been advised of the possibility of such damages. You further agree to hold DarkBorders and DarkBorders, including its officers, directors, agents, subsidiaries and employees harmless for claims arising in the event that other user’s profile ultimately proves to be offensive, harmful, inaccurate and/or deceptive. Notwithstanding anything to the contrary contained herein, DarkBorders’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to DarkBorders.com for the service during the term of membership.
10. The TOS constitutes the entire agreement between you and DarkBorders and governs your use of DarkBorders, superseding any prior agreements between you and DarkBorders (including, but not limited to, any prior versions of the TOS) and any prior representations by DarkBorders. The laws of the State of Missouri, U.S.A, shall govern the TOS and the relationship between you and DarkBorders, without regard to its conflict of law provisions. You and DarkBorders agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Jackson, Missouri, U.S.A. The failure of DarkBorders to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred due to effective statute of limitations. The Article and Section titles in the TOS are for convenience only and have no legal or contractual effect.
SECTION 4.5 - ADDITIONAL COPYRIGHT POLICY/DMCA INFORMATION
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including “fair use”. Without limiting the foregoing, if you believe that your work has been copied and posted on DarkBorders in a way that constitutes copyright infringement, please provide a DarkBorders Copyright Agent with the following information consistent with the Digital Millennium Copyright Act (DMCA): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on DarkBorders including the URLs of web pages and/or hyperlinks; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. DarkBorders’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
Attn: General Counsel, DarkBorders
generalcounsel@DarkBorders.com
It is the intention of DarkBorders to fully comply with the DMCA, including the Notice and “take down” provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law, and to the extent the Notice and “take down” requirements above deviate from the requirements under the DMCA then the Notice requirements as provided by the DMCA shall control and are herein incorporated by reference.
SECTION 4.6 - PRIVACY
Use of DarkBorders and/or its service is governed by our Privacy Policy, which may change from time to time without notice.
SECTION 4.7 - MEMBER DISPUTES
DarkBorders does not solicit or control the information provided by other users that is made available through our system. You may find other user’s information to be offensive, harmful, inaccurate and/or deceptive. If so, please request a profile review using the link provided on the member’s profile page or at various other places throughout the website. Please also use caution, common sense, and safety when using our site. You are solely responsible for your interactions with other DarkBorders members. Because it is not involved in member interactions, in the event that you have a dispute with one or more members or those who have posted, viewed and/or used information on DarkBorders, you release DarkBorders, including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” DarkBorders reserve the right, but have no obligations to monitor disputes between you and other members.
SECTION 4.8 - DISCLAIMERS/WARRANTIES:
1. DarkBorders, including its officers, directors, agents, subsidiaries and employees is not responsible for any incorrect or inaccurate content posted on the site or in connection with the DarkBorders.com service, whether caused by users, members or by any of the equipment or programming associated with or utilized in the service, nor for the conduct of any user and/or member of DarkBorders whether online or offline. DarkBorders assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications. DarkBorders is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person’s computer related to or resulting from participating or downloading materials in connection with DarkBorders and/or in connection with the DarkBorders. Under no circumstances shall DarkBorders, be responsible for any loss or damage resulting from anyone’s use of the site or the service and/or any content posted on DarkBorders or transmitted to DarkBorders members. The site and the service are provided “AS-IS” and DarkBorders expressly disclaims any warranty of fitness for a particular purpose or non-infringement. DarkBorders cannot guarantee and does not promise any specific results from use of the site and/or DarkBorders. Furthermore, the following shall apply:
(a) Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. DarkBorders expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
(b) DarkBorders makes no warranty that (1) the service will meet your requirements, (2) the service will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of the service will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (5) any errors in the software will be corrected.
(c) Downloaded or otherwise obtained through the use of DarkBorders is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data or other liability that results from the download of any such material. (d) No advice or information, whether oral or written, obtained by you from DarkBorders or through or from DarkBorders shall create any warranty not expressly stated in the TOS.
SECTION 4.9 - U.S. GOVERNMENT RESTRICTED RIGHTS
The materials on DarkBorders are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of DarkBorders’s proprietary rights in them.
ARTICLE V. - LEGAL AND OTHER NOTICES
Except as explicitly stated otherwise, any notices shall be given by email to:
General Counsel, DarkBorders
generalcounsel@DarkBorders.com
or to the electronic mail (“email”) address you provide to DarkBorders during the registration process. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, DarkBorders may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to DarkBorders during the registration process. In such case, notice shall be given 3 days after the date of mailing. You agree that this Agreement and all incorporated Agreements may be automatically assigned by DarkBorders and DarkBorders, in our sole discretion, to a third party. References to DarkBorders and DarkBorders shall include its subsidiaries, affiliates, officers, agents, and other partners and employees. DarkBorders and/or DarkBorders’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

ARTICLE VI. - VIOLATION NOTIFICATION / REPORTING

DarkBorders requires that anyone who believes that there is a violation of this Agreement direct the information to onyx@DarkBorders.com immediately.
If available, please provide the following information:
• The user name of the individual who committed the alleged violation;
• The date and time of the alleged violation, including the time zone or offset from
GMT in which you are located; and
• Evidence of the alleged violation.
If you are appointed as a site administrator or other officer and this is a recurring
issue please include the following information if possible. This would be helpful in
making a determination for policy and guideline enforcement.
• Any previous actions taken to correct this issue, if it is one of a recurring nature;
• Any other alias accounts that the individual is using, if known; and
• All other information gathered from other Website members.
DarkBorders may take any one, or more, of the following actions in response to
complaints or at its sole discretion:
• issue warnings: written or verbal;
• suspension of Member’s posting privileges;
• suspension of Member’s account;
• termination of Member’s account; and/or
• bringing legal action to enjoin violations and/or to collect damages, if any, caused
by violations.